UK Paternity Leave Explained

What this is

Statutory Paternity Leave is a UK employment right that allows eligible employees to take time off work to support a partner following the birth or adoption of a child. The framework is set in legislation and detailed at gov.uk/paternity-pay-leave. It is available to fathers and to partners (regardless of gender) of the person giving birth or adopting, including civil partners and same-sex partners, where the employee has or expects to have responsibility for the upbringing of the child.

The rules were updated in April 2024 to provide greater flexibility. Before that date, paternity leave had to be taken as a single block of either one or two consecutive weeks, within 56 days of the birth or adoption. From April 2024 onwards, eligible employees can take the leave as two separate one-week blocks at any time within the first 52 weeks after birth or adoption, with shorter notice requirements.

How much leave and pay

Statutory Paternity Leave is up to 2 weeks. It can be taken either as a single 2-week block or as two separate 1-week blocks, with both options available under the April 2024 regime. Leave can start on the day of birth or adoption placement, on a date that is a specified number of days afterwards, or on the day a child arrives in the UK in the case of overseas adoption.

Statutory Paternity Pay (SPP) during the leave period is paid at the lower of the standard statutory weekly rate or 90% of the employee's average weekly earnings. The standard statutory rate is reviewed by Parliament each tax year and is generally aligned with the standard rate of Statutory Maternity Pay and other family-related statutory payments. For the rate applicable on the publication date of this article, readers should refer to the current Statutory Paternity Pay rate published on gov.uk/paternity-pay-leave. Tax and National Insurance are deducted in the normal way.

Eligibility

To qualify for both Statutory Paternity Leave and SPP, the employee must have been continuously employed by the same employer for at least 26 weeks ending with the qualifying week (the 15th week before the expected week of childbirth, EWC) and remain employed with that employer up to the date of birth or placement. Average weekly earnings must be at or above the Lower Earnings Limit (LEL) for National Insurance.

The employee must be the biological father, the spouse, civil partner, or partner of the person giving birth, or the spouse, civil partner, or partner of an adopter. The employee must expect to have or share responsibility for the child's upbringing and intend the leave to be used to care for the child or support the mother or adopter.

Notice requirements

Under the April 2024 update, the employee must give the employer notice of entitlement to paternity leave by the end of the 15th week before the EWC, with the EWC stated. Separate notice of the specific dates on which leave will be taken can then be given closer to the time, with the regulations allowing for 28 days' notice of each block of leave. This shorter notice for specific dates is intended to give more flexibility around the actual timing of birth and family circumstances, compared with the previous regime which required leave dates to be specified well in advance.

For adoption, the equivalent notice point is 7 days after being matched with the child by an approved adoption agency. Overseas adoptions follow a separate timetable.

How to claim

SPP is paid by the employer through normal payroll, not claimed separately by the employee from HMRC. The employee gives notice of entitlement and confirms intended dates of leave in writing where the employer requests it. Form SC3 (for birth) or SC4 (for adoption) is commonly used, though employers may have their own equivalent forms or processes. The employer confirms in writing the start and end dates of paternity leave and pay.

Where the employee does not qualify for SPP (for example because earnings are below the LEL or continuous service is less than 26 weeks), the employer issues form SPP1 explaining why. There is no direct equivalent of Maternity Allowance for paternity leave; in such cases the employee may need to use annual leave or unpaid leave for the equivalent time off, subject to other entitlements.

Shared Parental Leave

Shared Parental Leave (SPL) at gov.uk/shared-parental-leave-and-pay allows eligible parents to share up to 50 weeks of leave and up to 37 weeks of pay between them in the first year after birth or adoption. SPL is separate from Statutory Paternity Leave and has its own eligibility, notice, and curtailment rules. Parents who want to use SPL generally need to give notice that the mother is curtailing her maternity leave or pay, which then unlocks the shared entitlement for the other parent.

Common pitfalls

Common pitfalls include missing the 15th-week notice deadline for entitlement, failing to meet the 26-week continuous service test through a change of employer, and confusing paternity leave with Shared Parental Leave, which has different rules. Employees should also note that contractual paternity pay (sometimes called enhanced paternity pay) is governed by the employer's policy and may sit on top of the statutory minimum. Where the contract is silent, only the statutory entitlement applies. The April 2024 changes affect leave that was due to start on or after 6 April 2024; older guidance describing a single block within 56 days no longer reflects current rules.

Important disclaimer

This article is general information based on UK government and HMRC sources and does not constitute financial, legal, or tax advice. Rates and rules change; figures reflect the position at publication date. Readers should check current gov.uk guidance and consult an FCA-authorised adviser or HMRC directly before acting on significant family-finance decisions.

Frequently asked questions

How long is UK Statutory Paternity Leave?

Up to 2 weeks, available as a single 2-week block or two separate 1-week blocks within the first 52 weeks after birth or adoption from April 2024, per gov.uk/paternity-pay-leave.

How much is Statutory Paternity Pay?

The lower of the standard statutory weekly rate or 90% of average weekly earnings. For the current statutory rate, refer to gov.uk/paternity-pay-leave.

Who is eligible?

Employees with at least 26 weeks of continuous employment by the 15th week before the EWC, with average weekly earnings at or above the Lower Earnings Limit, who will have responsibility for the child's upbringing.

Can paternity leave be taken in two separate weeks?

Yes, from April 2024 onwards, paternity leave can be split into two separate one-week blocks taken at any time within the first 52 weeks after birth or adoption.

What is the deadline to give notice?

Notice of entitlement must be given by the end of the 15th week before the EWC. Notice of the specific dates of leave can be given separately, with 28 days' notice of each block of leave under the April 2024 rules.

What if I do not qualify for SPP?

The employer issues form SPP1 explaining why. Unlike maternity, there is no direct national allowance equivalent, so the employee may need to use annual leave or unpaid leave subject to other entitlements.